- Latest available (Revised)
- Point in Time (09/03/2023)
- Original (As enacted)
Point in time view as at 09/03/2023.
Criminal Justice (Scotland) Act 2016, SCHEDULE 3 is up to date with all changes known to be in force on or before 16 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(introduced by section 113)
Commencement Information
I1Sch. 3 in force at 9.3.2023 by S.S.I. 2023/49, art. 2(c)
(introduced by section 55A)
1(1)The PNBS—
(a)is not a servant or agent of the Crown, and
(b)has no status, immunity or privilege of the Crown.
(2)The property of the PNBS is not property of, or property held on behalf of, the Crown.
2(1)The PNBS is to consist of—
(a)a chairperson,
(b)other persons representing the interests of each of—
(i)the Authority,
(ii)the chief constable,
(iii)constables (other than special constables) and police cadets,
(iv)the Scottish Ministers.
(2)It is for the Scottish Ministers to appoint the chairperson.
(3)Other members are to be appointed in accordance with the constitution prepared under paragraph 5.
(4)A member of the PNBS holds and vacates office in accordance with the terms of the member's appointment.
(5)The chairperson may—
(a)resign from office by giving notice in writing to the Scottish Ministers,
(b)be removed from office if, in the opinion of the Scottish Ministers, the person is unable, unfit or unwilling to perform the functions of the office.
3(1)The PNBS may have a temporary chairperson if (for the time being)—
(a)there is no chairperson, or
(b)the chairperson is unavailable to act.
(2)A reference in this Chapter to the chairperson is to be read, where appropriate to do so by virtue of sub-paragraph (1), as meaning or including (as the context requires) the temporary chairperson.
4A person is disqualified from appointment, and from holding office, as the chairperson of the PNBS if the person is or becomes—
(a)a member of the House of Commons,
(b)a member of the Scottish Parliament,
(c)a member of the European Parliament,
(d)a Minister of the Crown,
(e)a member of the Scottish Government,
(f)a civil servant.
5(1)It is for the Scottish Ministers to prepare the constitution for the PNBS.
(2)The constitution must regulate the procedure for consensus to be reached among the members of the PNBS on the terms of representations to be made under section 55B(1) or 55C(1).
(3)The constitution—
(a)may require a dispute on representations to be made under section 55B(1) to be submitted to arbitration by agreement among the members to do so, and must not prevent such a dispute from being submitted to arbitration on such agreement (except prevention by way of limitation as allowed below),
(b)may—
(i)authorise the chairperson to submit such a dispute to arbitration without such agreement,
(ii)limit how often within a reporting year such a dispute can be submitted to arbitration (including limitation framed by reference to particular matters or circumstances).
(4)The constitution may contain provision about—
(a)membership (including number of members to represent each of the interests mentioned in paragraph 2(1)(b)),
(b)internal organisation (for example, committees and office-holders),
(c)procedures to be followed (including conduct of meetings),
(d)the content of a report required by section 55E,
(e)such other matters as the Scottish Ministers consider appropriate.
(5)The Scottish Ministers—
(a)must keep the constitution under review,
(b)may revise it from time to time.
(6)Before preparing or revising the constitution, the Scottish Ministers must consult—
(a)the Authority,
(b)the chief constable, and
(c)persons representing the interests of constables (other than special constables) and police cadets.
(7)The constitution, or any revision of it, has effect only when brought into effect by the Scottish Ministers by regulations.
6(1)Sub-paragraph (2) applies where—
(a)a dispute is submitted to arbitration in accordance with the constitution, and
(b)no arbitration agreement relating to the dispute is in place.
(2)A document submitting the dispute to arbitration is deemed to be an arbitration agreement.
(3)For the application of the Arbitration (Scotland) Act 2010, a reference in this paragraph to an arbitration agreement is to such an agreement as defined by section 4 of that Act.
7(1)Sub-paragraph (2) applies for the purpose of arbitration in accordance with the constitution (whether such arbitration arises by reason of a real or deemed arbitration agreement).
(2)Regulations under paragraph 5(7) may include provisions disapplying or modifying the mandatory rules in schedule 1 to the Arbitration (Scotland) Act 2010.
8(1)Sub-paragraph (2) applies for the purpose of the operation of section 55D.
(2)Regulations under paragraph 5(7) may include provisions specifying, by reference to particular matters or circumstances, what are qualifying cases.
9(1)The Scottish Ministers may pay—
(a)such remuneration to the chairperson of the PNBS as they think fit,
(b)such expenses of the members of the PNBS as they think fit.
(2)The Scottish Ministers must pay such expenses as they consider are reasonably required to be incurred to enable the PNBS to carry out its functions.”.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: